Tuesday, October 18, 2022 12:08:48 PM
It’s not so much about holding the annual shareholder meeting per se, but rather the ASM is a threshold event that’s necessary to move the company forward.
Well also as long as the ASM is not held the BOD/management are not reappointed. And as long as the BOD are not confirmed and or reappointed, after a certain period the ASM should have been held, all material decisions made by the BOD/management could be legally challenged. And what material decisions did the BOD in their infinite wisdom make after they should have been confirmed at an ASM that should have been held long ago? Well, the creation of the C prefs for one. Ooh, and by the way, the creation of the C prefs should in any case also be confirmed by an ASM after it is created.
Now of course as soon as the next ASM confirms both the C prefs and the BOD retroactively all is woophydiedoe legally fine again, but until then investors buying the C prefs are actually buying non-confirmed assets by a non-reappointed BOD/management. Just let that sink in.
Ooh and to top that off. The C pref buyers dont even know for sure if the A/S increase will be voted on with a positive. A three-double trouble whammy burger there for the C investors. From a legal stand, I would not touch the Cs with a 3-foot pole.
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